Free Insanity and the Law 1 Essay Sample
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In the United States of America as reports, Michael B 2002, it is legal to kill a trespasser burglar in your own home or your own land. This law is common in 47 states, Florida being one of them. The insanity of certain laws has revealed such dominance that reputation of individuals could not allow them to violet even without necessarily, law enforcers. According to a report released by Rominger legal research, 2006, Florida stands at the highest level of juvenile delinquents .The legal system of Florida has therefore come up with legal protections and framework towards juvenile delinquents. Some of these legislations include the rightful age and criteria to participate in legal proceedings. My discussion on Insanity and law in Florida will be in reference to Michael Bayle's analysis of 2002.
Bayle gives four components of law insanity applied in Florida though they can be in use elsewhere. He gives the social reforms model, social defense system, the nature of criminal responsibility and laws protecting that criminal responsibility. Florida has undergone several social reforms through its judicial process. The social changes are mainly geared towards building a nice morality to the Citizens of Florida. In a way to synchronize insanity and law, Florida City embarked on dismantling the criminal law system.Bayles, 2002. The dismantling process unlocked some of the laws that seemed so outdated to practices and contemporary, Florida lifestyle and cultures.
The social defense model on the hand is meant to have the accused have the right to equal representation by a court of a law as borrowed from the general United States legal framework. Any court in the state has to have the freedom of the accused respected even if on trial in court system. Based on the Florida's reported juvenile delinquent's, the state did this social defense model to make accused feel more of having a correction to a mistake done than really criminals, Ryan Howes,2009.
According to Ryan, Florida has been complimented by national human right commissions due to this social defense model. Under all legal obligations, any residence of a state in the United States of America is to be given secure environment by the state under stay. As resident of Florida, they are mandated by the state that they have proper security by the state on both domestic and public properties. This is what Howes describes as State mandatory social defense obligation.
The state of Florida has ensured that there is the nature of criminal responsibility. Once an individual has committed a crime, she/he has to feel responsible for that crime. Hart, 1968, argues that responsibility appreciated is deeply felt than the punishment given for the responsibility not appreciated. The city of Florida from the many Juvenile delinquents reported has introduced rehabilitation centers that mainly reform self esteem and define a crime differently hence motivating Juveniles to reform without having guilty blames on anybody including themselves.
Finally the laws protecting that responsibility for the crime committed have been formed and implemented by Florida State. Once a person has appreciated the crime committed and taken responsibility for it, they must be protected by the law. This will include clause against discrimination from the public and abuses by the public. In addressing insanity and law the city of Florida has achieved milestone progress. But I feel a lot should be done in a dressing the causes of the crimes to a void future recurrences. Juvenile delinquents are mainly caused by broken homes. Hence the authorities should ensure that children are protected despite broken homes.
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